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    • They've estimated 10 years to agree a trade deal haven't they, UB? I think the Tories believed Trump when he said the UK would be at the front of the queue and have a quick trade deal and thought it would look good as an announcement after Brexit happened. It didn't dawn on them until quite late on that Donald might lose the election.   Why they ever thought US negotiators would do any favours is beyond me and now you see how other countries have asserted themselves over trade deals, the Tories global ambitions are starting to look naive.
    • It takes a long time to agree trade deals because there are so many aspects to consider.    UK companies trade with US consumers including US Government every day of the year, with the previous trade arrangements still in place.   There is no hurry to agree a new trade deal. It takes thousands of civil servants in both Governments to go into every aspect and they just don't have the people available to do this work.    
    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

My 6+ Year Claim Against HSBC


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If the payment they make is a goodwill gesture, as it normally is, does it matter what the exact date you claim back to is? By the bank setting a date to which they will/will not pay, are they kind of admitting guilt? Its not so much as to if they owe you or not, it's down to how far back they are liable.

 

If they are not liable... why argue about which date you can claim from?

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Hi Pheonix (apt name, hope you are still rising from those ashes). Hope your move went well and you enjoy your new life. Much respect!

 

Anyway this is a great thread. I am thinking of starting a 6+ claim and I will use all the great info on here as a starting point for my research.

 

Just subscribing and wishing you well. Good to 'talk' to you again.

Cheers

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If the payment they make is a goodwill gesture, as it normally is, does it matter what the exact date you claim back to is? By the bank setting a date to which they will/will not pay, are they kind of admitting guilt? Its not so much as to if they owe you or not, it's down to how far back they are liable.

 

If they are not liable... why argue about which date you can claim from?

 

I know what you mean crusher, but without an admission of liability I don't think we can read this into a goodwill gesture.

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I know what you mean crusher, but without an admission of liability I don't think we can read this into a goodwill gesture.

yep, this is true.

but definitley an idea for the melting pot (thinking out loud type thing)

My learned pal booky and I were chatting about this the other day.

 

I think I'm trying to say... what does the 6 yrs actually apply to? It doesn't apply to a goodwill payment.

 

Its either "I owe you, but it's limited to 6 yrs."

or "I don't owe you, but take this to go away"

 

They can't have it both ways.

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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but, they are saying "we don't owe you anything at all, but its not cost effective for us to defend this in court so we will settle up to 6 years (without admission) and the law prevents you from claiming anything older so we won't even consider it."

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but, they are saying "we don't owe you anything at all, but its not cost effective for us to defend this in court so we will settle up to 6 years (without admission) and the law prevents you from claiming anything older so we won't even consider it."

Perhaps.

But at the end of the day, they are paying you to go away.

If they don't make you go away, you go to court to argue if the charges are lawful or not. After that you can argue about the fact that you are one month beyond the cut off date for claiming.

Unless they admit the charges are unlawfull, the 6+ issue is meaningless.

 

(be patient, devil's advocate here)

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Hi Pheonix (apt name, hope you are still rising from those ashes). Hope your move went well and you enjoy your new life. Much respect!
Okay - here I am in sunny Cornwall, a few tweaks and screams and broadband is finally up and running...and...I see my thread has been busy in my absence...give me a day or so to catch up...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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crusher I have set up a new thread dedicated to this approach here http://www.consumeractiongroup.co.uk/forum/legalities/65306-forget-32-limitations-act.html#post557273. Really just waiting to see if BF or Mods will comment on it because those of us who like the idea very much don't seem to be able to take the discussion further. Its turning into a long wait.....tum de tum de tum...then again I am impatient..but why do mods visit the thread and then disappear without word? Probably bowled them over:p
Okay - let's start our own thread...it's no secret that I am really Spicey, and Bookie and I have been discussing starting a specific SOLA thread for a week or two. Give me a day or two to settle in down here and we can make a start on that..:cool:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Okay - here I am in sunny Cornwall, a few tweaks and screams and broadband is finally up and running...and...I see my thread has been busy in my absence...give me a day or so to catch up...

welcome to God's Country! :-D

not so sunny today though.....

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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welcome to God's Country!
LOL - God!!! The weather is not as good as I had hoped, although a kiddy day today was really nice...:rolleyes:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Location: Spinning around the centre of the universe...a few miles from Fowey in Cornwall.

 

har har!

thats like me saying Im a few miles from Truro if I live in St Day! :-D

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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har har!

thats like me saying Im a few miles from Truro if I live in St Day! :-D

Rubbish...it would be like you saying that if I actually said it, but I didn't, so it isn't...and besides, I am a few miles from Fowey...my sister lives there and we went over there for the day...:cool:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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very nice.

we were at Trebah today.

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Trebah? Surely not "Clebah Trebah" by Ian Dury???

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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No, Trebah next to Glen Durgan.:cool:

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Okay - Glen is Mr Durgan, but what is Trebah's surname???

 

Anyway - pastyfest! Can't do tomorrow or Tuesday, but Wednesday is a distinct possibility...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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OK.

pastyfest Wednesday.

best pastyshop in snozzle?

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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best pastyshop in snozzle?
You tell me...I discovered, to my horror, that Glanfields is no longer operational...I shall have to take some advice and get back to you on this one...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Taking this one step further.

Say you have a loan that began more than six years ago, and fell into default with for arguments sake four years ago, does the statute of limitations prevent them from chasing this debt via DCa's etc since the cause of action i.e the recovery of debt began more than six years ago?

Or am I just really realy confused?

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  • 1 month later...
Guest peed orf

Hi Phoenix, did you ever get your pre 6 year data?

 

They also asked me to provide details of the person who had told me that the fiche does exist, so that they can be 're-educated/trained' (i.e. sacked...)

 

If it's of any help, HSBC do keep microfiche and I have a letter with "our ref: FICHE" written on it. The letter dates back to 1996 and has a (photocopy type) copy of my statement with it.

I'm also having trouble getting info and any sugestions would be appreciated.

Thanks PO

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Hi Phoenix, did you ever get your pre 6 year data?

 

If it's of any help, HSBC do keep microfiche and I have a letter with "our ref: FICHE" written on it. It dates back to 1996 and has a (photocopy type) copy of my statement with it.

I'm also having trouble getting info and any sugestions would be appreciated.

Thanks PO

To be honest I have been slack, and I have not got round to doing this yet. I was waiting for another decision by DG, which resulted last week in a "get lost" letter, so now my mind is made up.

 

That you have a letter and confirmation of fiche is good, and I would appreciate discussing in private - could you PM me please?

 

In the next week or two I will be LBAing DG about this data, and failing that I will make a court application with the intention of forcing the bank to provide this. I will request that a statement of truth be made by the bank, by Debbie D'Aubney, and also the person I spoke to in "archive retrieval" that the information does not exist.

 

I also have notes of various conversations that will put them to strict proof over their responses - let's wait and see what happens on this...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Okay - I have finally taken the gloves off, and sent a very detailed and strongly worded letter to HSBC Records Retrieval, putting it in no uncertain terms that I INSIST on this information...

 

My thanks to all those who have provided "background" support and information in this, thus allowing me to finally be able to move forward. When something happens I will be writing this up so that others may follow.

 

:)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi guys, stumbled across this thread tonight and am totally confused.......

 

What has happened to abcdef?

 

Have they started another thread or settled and gone to Mexico with their money, please advise?

 

Cheers ROS

RiPoFfStOpPeR

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i think it's the title - peeps looking through seem to pick up on it and we generally ask them to start their own thread - as to abcdef - i think they changed their name and carried on (probably own shares in hsbc by now)

it's like - whatever happened to...........

we could come up with loads of possibilities - but i think abcdef is not phoenix!!!!

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Hi folks...abcdef is the renamed account for Spicey...for undisclosed reasons I had to "withdraw" the account - subsequently I needed to come back again, hence the Phoenix name...abcdef, Spicey and Phoenix are all one and the same person...little old me...;)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Please note that this topic has not had any new posts for the last 5021 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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